Round 2: High Court Rules On Tsatsu Today

An Accra High Court will today, Tuesday march 5, rule on a preliminary objection raised by counsel for Tsatsu Tsikata challenging the constitutionality of a charge brought against the former GNPC Chief Executive by the state. Tsikata is charged with wilfully causing financial loss to the state, by allegedly circumventing the laid down corporate objectives of the GNPC and the board to guarantee a loan totalling 2.2 billion cedis to a private company - Valley farms limited.

He refused to enter a plea when he appeared before the court last Friday, arguing that the charge had no constitutional merit.

The former GNPC boss was hauled to the normal high court twenty-four hours after the Supreme Court ruled in his favour that the fast track high courts were unconstitutional and had no jurisdiction to try him. His leading counsel, Professor E. V. O Dankwa in a renewed legal battle with the Attorney General, challenged the constitutionality of the charge.

According to him, the law under which his client is being charged was enacted in July 1993 and therefore the purported offence was invalid in or about February 1993 when his client was reported to have committed it as stated by the prosecution.

Professor Dankwah referred to Article 19 clause five of the Constitution, which states that "a person shall not be charged with or held to be guilty of a criminal offence, which is founded on an act or omission that did not at the time it took place constitute an offence."

Justice Julius Ansah, an Appeal Court Judge sitting as an additional High Court Judge said the court would take time to look into the matter. He granted the accused a self re-cognisance bail in the sum of 500 million cedis to re-appear on Tuesday.